Legal Question in Family Law in South Carolina
Custody/Visitation question
My Ex and I have been divorced for six years, and custody/visitation has been established for five years. I live in OH, he lives in SC. We have joint custody with him being the primary placement. Our divorce decree states that I get the children for visitation on all school breaks (holidays, spring break, all summer, etc.) with liberal open-ended visitation every month. On school breaks, our decree states that he must meet me 1/2 way. Before he got remarried, our meeting times have been mostly agreed upon. However, now, he is demanding that I meet on certain days or bring the kids back early (even if it's a day early) to suit his schedule (even if it means changing my work schedule, which is not always easy). Eg., the boys get out for spring break March 30th, and he is demanding that we meet on the following Sat. instead of Sunday (Easter day) so that his ''new family'' does not have to ''miss Easter''.
Where do I stand legally? Do I have to bow to his demands, even if it means giving up my rightful time with the children?
2 Answers from Attorneys
Re: Custody/Visitation question
This is a matter worth mediating or trying to come to some compromise. Your husband has a change in circumstance having remarried, and the dynamics have changed. In my opinion, there is a new wife who is defining her importance to the mix. Rather than view this as 'bowing to your husband's demands', think of it as adjusting to the new dynamics. The table could be turned if you were the one to remarry. Then consider "the best interest of the children" as the courts will do. I suggest a meeting or a three-way with your husband, his wife and you, where you all arrive at a compromise. The new arrangement would be considered a modification which can be filed with the court, just to be on the safe side.
Re: Custody/Visitation question
If he violates the terms of the Order, you can seek to have him held in contempt of Court. The language of your Order is very important here, as it may or may not provide an answer to your dilemma.
If the Order says that you have them during holidays and he has to meet you halfway, there doesn't seem to be a "convenience" requirement that it suit his schedule or work best for him. In that case, you should not let him dictate such terms to you or bully you in any way.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
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